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    • Thanks DX - I wondered about the blacked out bits. That's their doing not mine obviously.   Attached is the exhibits part of the bundle. Sorry about this, no matter what I compressed the whole thing down to I got the oversize message, even if the filesize on my computer was showing as well under 4.8mb   The_exhibits-compressed.pdf
    • Thanks Bankfodder!   Hello again everyone.    I received my SAR back from Elderbridge and what and absolute load of **** it is!   1.  They did not send any transcripts or recordings of any phones calls  - both myself and my husband spoke to them in Aug 2016 (noted in their diary notes) and I called them in Dec 2018 (again noted in their diary notes) it was the same day they sent the reply even though they have mentioned me calling in their notes on that day, so not sure I should let that go or not!   I also spoke to them in July 2016 (again in the notes) and I spoke to them in Dec 2012 (again in the notes)    2.  Going through the diary notes in the beginning notes were sporadic mainly because we were making payment and everything was ok, then later as things changed there were notes almost once a month, then in NOV 2012 and Dec 2012 frequency of notes increase as this is when they began court proceedings.  and throughout 2013 again lots of notes made - mostly their in house stuff about court dealings and so on - so that's fine. then in NOV 2013 hey made a not re the court date in OCT - saying that they were ordered to treat the loan as having a fixed rate from inception and sent off etc.  BUT from 21 Nov 2013 to 17th June 2014 there are no notes at all!  Now the hearing was on the 10th Jan 2014!   17/06/2014 14:43 *****Substantial EVS costs to be added to any SF ****** 17/06/2014 14:43 EVS Defended + At the hearing on 10/01/2014 an SPO for 500 on 26/01/2014 and then CMI + £60 wef 26/02/2014 plus MJ for £103,331.03 suspended on the same terms. It was also held that we could add our costs - Defended costs on this case are £33,879.80. 17/06/2014 00:00 Reviewed Reviewed 17/06/2014 00:00 ***Defended Costs*****:To be added to any SF ***Defended Costs*****:To be added to any SF 21/11/2013 04:13 ADHOC Statement Printed From 03/10/13 To 13/11/13 Batch 2015 Sequence 28 Printed 13/11/2013 00:00:00   Above you can cleary see the gap then suddenly the first notes talk about the court case and costs etc, at the trial in OCT the judge reserved cost till the next hearing (also stated on the documentation from the court)  but then at that hearing in Jan 2014 we did not discuss costs - the 6 month gap I feel is very suspicious.    The final court document  dated 13th Jan 2014 says to pay the claimant £103,331.03 which is the amount outstanding under the mortgage and goes on to says order were not to be enforced as long as we pay etc.  no mention of costs at all - so they seem to just be adding them   3.   They sent a field agent to me in Jan 2018, I only knew this as on the 9th Jan 2018 I was working at home and heard the letterbox, thought it was the postman, went to the door to find an envelope shoved through the door with a letter in it saying they had been requested to visit me and that they called today but I was not in! and gave a number for me to call ( I saw the woman walking down the driveway - but she did not ring the bell! and I wasn't about to run after her!)   But in the notes they have written this utter lie!   30/01/2018 12:44 Field Agent Report Received The field agent visited the security address on three occasions. The customer was spoken to through the window. They refused to discuss and refused to answer the door. The contact number on file is not recognised. RFA - Not known Reasons for items not verified:N/A Details of variances of items outside of expenditure guidelines and reasons N/A Property is a detached house in good condation valued at £406,000. Equity not known. I actually cannot believe what I have read here! Can I ask them for some kind of proof of this, because I don't know who they are talking about but it certainly wasn't me!   4.  the documents they had sent me a joke, they have sent 77 documents in total, none of these are copies of letter from Elderbridge (which is who I sent the SAR to) all from First Plus and certainly not ALL of them, they have been bulked out by sending me copies of documents that I sent TO THEM for my court defence and there are strange Black boxes over some of the text!? which I don't understand!     After receiving this info from Elderbridge I decided to send a SAR to Barclays and I got a small package with a couple of letters, some diary notes and screen shot of the account, as well as a short statement of account. This was for our ORIGINAL loan from Feb 2006,  (we topped it up in June 2006) and the first one was closed.  The second one is the one that has been transferred to Elderbridge but Barclays seem to know be denying ALL knowledge of it! and I know that they still hold the beneficial interest of these loans and that Elderbridge regularly contact Barclays for help and advise - I have contact with other account holders who have diary notes from Elderbridge showing contact to Barclays!..   This week I also had a reply from the FOS (only from an adjudicator not an ombudsman) and his initial opion is that it's ok for Elderbridge to claim the costs as we defaulted, he seems to be ignoring my argument that the relationship is unfair etc but I will be sending this back and asking for it to be looked at by an ombudsman.   But was hoping that someone here could give me any advise re all of this - sorry I know it's a lot!!
    • why all the blanked out stuff in the parking contract? and no proof its paid this year either?  
    • pop the exhibits as a sep file i'll merge them for you
    • Thanks.   I've managed to reduce the file size and deleted from this copy all of the pages of photos and copies of the signs. Just their witness statement and the photos of the car parked up remain.   They say "My company relies on Parking Eye v Beavis (2015) in which it was accepted as an established principle that a valid contract can be made by an offer in the form of the terms and conditions set out on the sign and accepted by the driver's actions as prescribed therein"   Is there a refutation to this case anywhere? Or do I not argue that  and just refer back to EB's earlier post and focus on the signs?   "What you are writing is roughly your side of events and referring to the evidence you can provide so that will include their signage, any evidence or lack of authority for them to offer anything, their paperwork if that doesn't create a liability, the POFA where the vital phrases have been missed by the parking co or the timescales missed.   then you pick holes in the wording and substance fo their claim, for example, contractual sum or breach of contract - they are different. are they claiming from you as driver or keeper, cant assume they are one and the same.   What about the amount claimed? it will invariably include unicorn food tax so if they are saying keeper ia liable they are limited to asking for the amount shown on the NTK and you should make this clear as it helps damage their assertion that driver and keeper liability are the same thing   As they havent responded to your CPR request for documents you can start off with that but it isnt a golden bullet, "   thanks Bundle_the_approved,_signed_statement_with_the_exhibits-_Reduced.pdf
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Stotty157

More Northwest Mini Centre Glossop....

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I know Chris very well and have done for many years.

Sadly it seems I'm another one of his victims.

 

I paid Chris £600 upfront in January this year to repaint my mk 4 golf anniversary.

He stated that as the body shop side of his business was quiet over winter he could do mine between other jobs and it would be done in 3-4 weeks from then.

 

Nearly 6 months later and I'm still waiting.

The car is sat in the same place I parked it back in January.

 

Last month (April) I had a talk with him and told him I wanted the car and cash back and that i would get the work done elsewhere.

 

He promised to crack on with it and days later the bumpers, lights etc were removed,

now we are back to square one with my car sat rotting away.

It's been there that long there's 3mm of tree sap caked on the car.

Chris avoids replying to my texts.

 

I've been told by a very good friend of Chris's that he has over 40 cars waiting for extensive restoration work

the majority of customers having paid upfront all to lavish Chris's lifestyle.

 

His friend admitted he doubted any of the cars would ever get done and that it was only a matter of time before he 'Did a flit' back to his belovied Cornwall.

 

His working week consists of 3 days now.

Tuesday, Wednesday and Thursday.

On Thursday evening he travels down to Cornwall returning Tuesday.

 

He's well aware of the comments on this forum and reckons most is liable and that he's tried several times to get it taken down but to no avail.

 

Posts claiming people have served court papers on him are also false according to him with most of the negative comments coming from a disgruntled ex member of staff that was sacked - the guy lives in fairy land.

 

I don't know how the guy has the brass neck to continue taking money off people.

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Yes he's still trading apparently.

Two of his customers had their cars recovered yesterday (Monday 26th) by recovery companies. Chris was no where to be seen and left it all to his business partner who looked embarrassed by the whole thing and claimed he works independantly of Chris - personally I think this is rubbish but hey ho.

There's rumours locally he's about to do a flit so act quickly !

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I have copies of court papers which were issued against him.


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Just a quick update.

 

Chris told me last week he didn't have the cash or means to finish my car and that I was welcome to pick up when I wanted too but as he had 'prepped' the car for paint, removed the bumpers, lights etc he was keeping the cash as he had technically started the work.

 

I've been told tonight that he's been caught by one of his angry customers trying to do a flit with his toolbox and some of his equipment strapped to his trailer all hooked up to his discovery.

 

The trailer/equipment have been seized by the customer until his car and cash are returned.

 

We went up tonight mainly to weigh up my Golf but there's still lots of vehicles -mainly minis in his rear yard.

 

His workshop is apparently empty with all ramps and equipment gone.

 

Can I suggest if you have vehicles still there you arrange to collect them asap.

I would imagine the unit will be quickly re-let.

 

There's a lot of very angry people locally who he owes money too including me!

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Hi,

Did you happen to see a mini pickup in any of his storage areas?

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I am just gathering everything I have to go to a solicitor on Monday, I have pictures from 2014 just before Chris picked up my mini and it is in better condition then, than it does now (3years and £2k later)

 

How have you got on regarding the solicitor?? I am keen to take action but just wonder if there's any point for a £600 debt. I have no paperwork it was a verbal agreement but I do have texts where he's told me to bring the car and money down on a certain day and he will crack on with it.

 

Interestingly a local company he owes money too is taking him individually to court and not the business as they reckon they have a better chance of getting the money back.

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Interestingly a local company he owes money too is taking him individually to court and not the business as they reckon they have a better chance of getting the money back.

 

If the company is insolvent ; it doesn't matter if you have a cast-iron case, and obtain judgment, as there is nothing to enforce against.

The hurdle they will face is in showing that he (the individual) is liable instead of the company - they may be willing to say "we'd win against the company but it'd do us no good, so we'll chance our arm against the individual" - it depends on their circumstances (they might, for example, have had a personal guarantee given, making the individual liable).

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if liquidators are going in Monday there's no point me taking him to the small claims court?

 

I just wonder given that 9 months after dropping my car off in a driveable state for a paint job it now looks like it's out of a scrap yard and will need trailerling away could i not try and go down the criminal road and have him done for fraud and criminal damage??

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So basically if liquidators are going in Monday there's no point me taking him to the small claims court?

 

As a general guide, I'd suggest a potential litigant ask themselves (if self-represented) or their legal advisor 2 questions:

a) what are my chances of obtaining a judgment, and

b) If I obtain a judgment, can I enforce it (else it becomes a hollow victory).

 

I just wonder given that 9 months after dropping my car off in a driveable state for a paint job it now looks like it's out of a scrap yard and will need trailerling away could i not try and go down the criminal road and have him done for fraud and criminal damage??

 

Fraud by false representation : you'd have to show he knowingly gave a false representation (that exposed you to a risk of loss, etc. etc. ).

Companies fail all the time, that doesn't mean it is fraud, and the level of proof for a criminal conviction is "beyond reasonable doubt" ..... so a criminal case is a possibility, but likely wouldn't happen unless there was felt to be a realistic prospect of a conviction.

 

Criminal damage?.

http://www.legislation.gov.uk/ukpga/1971/48/section/1

"A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence."

 

So he could claim that acts in preparation for improvements aren't damage....... (I'm not saying a court would agree, but he might claim it!), or that he had "lawful excuse"

 

http://www.legislation.gov.uk/ukpga/1971/48/section/5

"if at the time of the act or acts alleged to constitute the offence he believed that the person or persons whom he believed to be entitled to consent to the destruction of or damage to the property in question had so consented, or would have so consented to it if he or they had known of the destruction or damage and its circumstances;"

 

You agreed he could work on the car?.

If I need an extension building, and know that the builder will have to take down a wall, then the taking down of the wall isn't criminal damage : at the time of the damage the builder believes I'm entitled to consent and that I consent.

If the builder then goes insolvent and doesn't build my extension, that doesn't make it criminal damage, as the statute refers to "the time of the act".

 

What did you think he'll say he believed at the time of the act?

 

Again, to avoid a successful prosecution (or prosecution at all, as the CPS wont proceed unless there is a realistic prospect of success), all he need do is introduce "reasonable doubt"

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Thanks Stotty. You'll have to remain vigilant that he doesn't join erroneously via someone else.

 

Just tried - closed group not found :-(

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Latest update - chris has gone AWOL. Steve and Mark have taken over workshop and want all cars gone by end September. Derbyshire police very interested in this case as below. Lots of people have been defrauded.

 

People affected need to ring 101... press # for alternative station and say Derbyshire. Then get through to that constabulary (if you are not from round there).

 

You can quote this incident number and it will make a bigger case. If you can get in to make a statement then great!

 

Ex-employees / customers alike!

 

EDIT: CASE NUMBER 797250917

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